DECEIT. A fraudulent misrepresenta tion or contrivance, by which one man do ceives another, who has no means of detect ing the fraud, to the injury and damage of the latter.
2. Fraud, or the intention to deceive, is the very essence of this injury; for if the party Misrepresenting was himself mistaken, uu blame can attach to him. The representa tion must be made malo aninv ; but whether or not the party is himself to gain by it is wholly immaterial.
It may be by the deliberate assertion of a falsehood to the injury Of another, by failure to disclose a latent defect, or by concealing an apparent defect See CAVEAT EMPTOR.
The party deceived must have been in a situation such as to have no means of detect ing the deceit.
3. The remedy for a deceit, unless the right of action has been suspended or discharged, is by an action of trespass on the case. The old writ of deceit was brought for acknow ledging a fine, or the like, in another and, this being a perversion of law to an evil purpoSe and a' high Contempt, the act was laid contra pacem, and a fine imposed upon the offender. See Brooke, Abr. Dined ; Viner,
Abr. Disceit.
When two or more persons unite in a deceit upon another, they may be indicted for a con spiracy. See, generally, 2 Bouvier, Inst. nn. 2321-2329; Skin. 119; Sid:375 ; 3 Term, 52— 65 ; 1 Lev. 247 ; 1 Strange, 583 ; 1 Rolle, 106; Comyns, Dig. Action upon the Case for a Deceit, Chancery (3 F 1, 2), (3 M 1), (3 N 1), (4 D 3), (4 11 4), (4 L 11, (4 0 2), Covin, Jus tices of the Peace (B 30), Pleader (2 H); 1 Viner, Abr. 560• 8 td. 490; Doctrina Plac. 51 ; Dane, Abr. Index; 1 Chitty, Pract. 832; Hammond, Nisi P. c. 2, s. 4; Ayliffe, Pand. 99; 2 Day, Conn. 205, 531; 12 Mass. 20; 3 Johns. N. Y. 269; 6 id. 181; 18 id. 395; 4 Ycates, Penn. 522; 11 Serg. & R. Penn. 309; 7 Penn. St. 293; 4 Bibb, Ky. 91; 1 Nott & M'C. So. C. 97.